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Author: Wolfgang Benedek
Publisher: Council of Europe
ISBN: 9287187029
Category : Political Science
Languages : en
Pages : 240
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Book Description
An invaluable resource for students of law, politics, international relations and technology as well as for diplomats and civil society actors, this publication demonstrates how the Council of Europe contributes to ensuring that everyone’s voice online can be heard. This is key to sustainable, human rights oriented and people-centred digitalisation. Human rights matter on the internet. Without freedom of expression, people cannot participate in everything that the information society has to offer. Yet online free speech is in danger. Between state laws, private rules and algorithms, full participation in the online communicative space faces many challenges. This publication explores the profound impact of the internet on free expression and how it can be effectively secured online. The second, updated edition of this introduction into the protection of freedom of expression online answers essential questions regarding the extent and limits of freedom of expression online and the role of social networks, courts, states and organisations in online communication spaces. In clear language, with vivid examples spanning two decades of internet law, the authors answer questions on freedom of expression in cyberspace. Addressing issues from the protection of bloggers to the right to access online information, the publication also shows the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations and includes a chapter on relevant national practice. It pays special attention to the role of European human rights law and the Council of Europe as this region’s most important human rights organisation.
Author: Wolfgang Benedek
Publisher: Council of Europe
ISBN: 9287187029
Category : Political Science
Languages : en
Pages : 240
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Book Description
An invaluable resource for students of law, politics, international relations and technology as well as for diplomats and civil society actors, this publication demonstrates how the Council of Europe contributes to ensuring that everyone’s voice online can be heard. This is key to sustainable, human rights oriented and people-centred digitalisation. Human rights matter on the internet. Without freedom of expression, people cannot participate in everything that the information society has to offer. Yet online free speech is in danger. Between state laws, private rules and algorithms, full participation in the online communicative space faces many challenges. This publication explores the profound impact of the internet on free expression and how it can be effectively secured online. The second, updated edition of this introduction into the protection of freedom of expression online answers essential questions regarding the extent and limits of freedom of expression online and the role of social networks, courts, states and organisations in online communication spaces. In clear language, with vivid examples spanning two decades of internet law, the authors answer questions on freedom of expression in cyberspace. Addressing issues from the protection of bloggers to the right to access online information, the publication also shows the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations and includes a chapter on relevant national practice. It pays special attention to the role of European human rights law and the Council of Europe as this region’s most important human rights organisation.
Author: Harry Melkonian
Publisher:
ISBN: 9781604978209
Category : Law
Languages : en
Pages : 213
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Book Description
Freedom of expression in the age of the internet--communication without borders--is a frequent subject of debate both on a political and legal level. However, the theoretical underpinnings have generally been confined to legal and philosophical analysis. These existing theories are not entirely satisfying because they cannot explain freedom of speech beyond the individual. This book presents arguments that freedom of expression in the twenty-first century can be approached as a social phenomenon through the application of sociological theory. Existing approaches are either confined to political communication or focus on individual wellbeing. In this book, sociological arguments for freedom of expression are derived from both Emile Durkheim's classical social theory and the contemporary theories of Jurgen Habermas. Application of these theories demonstrates that freedom of speech is essential from a societal point of view. This book is the first attempt to bring sociological theory into the free speech debate. Almost always viewed as an individual right, this study, using classical sociological theory, argues that freedom of expression is essential as a group right and that without an expansive freedom of expression, modern society simply cannot efficiently operate. Viewed through the lens of sociological theory, freedom of expression is seen to be not only desirable as an individual privilege but also essential as a societal right. To validate the use of classical sociological theory, the author demonstrates that empirical evidence concerning the demise of criminal libel is predicted by Durkheim's theory and that recent archeological evidence supports the continuing vitality of classical sociology. To bring sociological theory into the twenty-first century, the contributions of contemporary German sociologist Jurgen Habermas are also employed. This modern theory also validates the classical theory. Once viewed through the lens of social theory, freedom of expression as justified by traditional legal and philosophical is explored and then the two approaches are compared. While sociology and philosophy are not at odds, they are not perfectly congruent because one focuses on societal needs while the other is based on the individual. When combined, a more comprehensive perspective can be constructed and, perhaps, a more accurate need for freedom of expression is established. This is an important and ground-breaking book for political, media, and legal studies.
Author: Susan J. Brison
Publisher: Oxford University Press
ISBN: 0190883618
Category : Philosophy
Languages : en
Pages : 281
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Book Description
This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124
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Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Author: David Kaye
Publisher:
ISBN: 9780999745489
Category : Business & Economics
Languages : en
Pages : 144
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Book Description
"David Kaye's book is crucial to understanding the tactics, rhetoric and stakes in one of the most consequential free speech debates in human history." -- Cory Doctorow, author of Radicalized, Walkaway and Little Brother The internet was designed to be a kind of free-speech paradise, but a lot of the material on it turned out to incite violence, spread untruth, and promote hate. Over the years, three American behemoths--Facebook, YouTube and Twitter--became the way most of the world experiences the internet, and therefore the conveyors of much of its disturbing material. What should be done about this enormous problem? Should the giant social media platforms police the content themselves, as is the norm in the U.S., or should governments and international organizations regulate the internet, as many are demanding in Europe? How do we keep from helping authoritarian regimes to censor all criticisms of themselves? David Kaye, who serves as the United Nations' special rapporteur on free expression, has been has been at the center of the discussions of these issues for years. He takes us behind the scenes, from Facebook's "mini-legislative" meetings, to the European Commission's closed-door negotiations, and introduces us to journalists, activists, and content moderators whose stories bring clarity and urgency to the topic of censorship. Speech Police is the most comprehensive and insightful treatment of the subject thus far, and reminds us of the importance of maintaining the internet's original commitment to free speech, free of any company's or government's absolute control, while finding ways to modulate its worst aspects.
Author: Olesya Tkacheva
Publisher: Rand Corporation
ISBN: 0833080644
Category : History
Languages : en
Pages : 304
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Book Description
The Internet is a new battleground between governments that censor online content and those who advocate Internet freedom. This report examines the implications of Internet freedom for state-society relations in nondemocratic regimes.
Author:
Publisher: UNESCO
ISBN: 9231041886
Category : Law
Languages : en
Pages : 105
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Book Description
As this publication explains, freedom of expression is not just a by-product of technical change; it must be protected by legal and regulatory measures that balance a variety of potentially conflicting values and interests in a complex global ecology of choices. The impetus that this report provides for the prioritization of research in this field encourages further scrutiny of the multifaceted issues that govern the conditions for freedom of expression on the Internet. The findings of this research point to the need to better track a wider array of global, legal and regulatory trends. It is my hope that this publication proves to be a useful and informative resource for all users working in this domain, whether individual researchers, students or policy makers.
Author: Toby Mendel
Publisher: UNESCO
ISBN: 9231042416
Category : Business & Economics
Languages : en
Pages : 144
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Book Description
"This publication seeks to identify the relationship between freedom of expression and Internet privacy, assessing where they support or compete with each other in different circumstances. The book maps out the issues in the current regulatory landscape of Internet privacy from the viewpoint of freedom of expression. It provides an overview of legal protection, self-regulatory guidelines, normative challenges, and case studies relating to the topic. With this publication UNESCO aims to provide its Member States and other stakeholders, national and international, with a useful reference tool containing up-to-date and sharp information on emerging issues relevant to both developed and developing countries. Multiple stakeholders, preferably in dialogue, can use it in their own spheres of operation, adapting where appropriate from the range of experiences as recorded in these pages. The publication also supplies additional sources of reference for interested readers to use to further investigate each of the subjects highlighted. The publication explores a range of issues, such as: (1) threats to privacy that have developed through the Internet, (2) international legal standards on privacy and responses to these emerging issues, (3) complex intersections between the rights to privacy and freedom of expression, (4) UNESCO recommendations to states and corporations for better practice, (5) overview of literature, background material and tools on international and national policy and practice on privacy and freedom of expression on the Internet. In the coming years, UNESCO will specifically seek to disseminate information about good practices and international collaboration concerning the points of intersection between freedom of expression and privacy. Research on safeguarding the principle of freedom of expression in Internet policy across a range of issues will continue to be part of UNESCO's normative mandate and technical advice to stakeholders."--Publisher's description
Author: American Library Association
Publisher:
ISBN:
Category : Libraries
Languages : en
Pages : 16
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Book Description
Author: Monroe Price
Publisher: Cambridge University Press
ISBN: 1107190126
Category : Law
Languages : en
Pages : 355
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Book Description
This book explores the underlying philosophies and values that inform the speech rules that a government or community institutes.
